building regs 'grey area' utility room

[kazzz]

hi all...hoping to get a bit of your collective experience and wisdom if thats OK...
Long story short...
An existing kitchen (with no mechanical ventilation) was turned into a utility room after a new kitchen was built on the other side of the house as an extension. Because of illness, the building work has gone through three different inspectors over the last few years (the building work was started in 2011). The most recent is now saying to sign off the extension there should be an extractor in the utility room. Looking through building regs its a bit grey as to whether we should be having to do this or not, because of its prior (unventilated) use. We are keen not to have to as the room is finished and we have sold the the house, so if we can legitimately and politely argue the case not to have to it would help us massively, both in time and mess. There is a new opening window in the utility room with a trickle vent, and in the 9 years we have used it we have never had any condensation problems. What do you think?

 

[frutbunn]

I would not require it as it is still a wet room, the ventilation requirements for a utility are less onerous than a kitchen so it is no worse than previous.

 

[^woody^]

You need to fit one.

 

[kazzz]

Thanks both very much for responding.
Woody...Building regs suggest its not black and white though because of what was there (unventilated) before? Would be interested to know why you think we have to, without question, so I can understand building regs position more fully?

 

[kazzz]

is it as simple as...'its a new utility room' as all we've done really is take out a cooker...everything else is pretty much as it was when it was a kitchen?

 

[^woody^]

Thanks both very much for responding.
Woody...Building regs suggest its not black and white though because of what was there (unventilated) before? Would be interested to know why you think we have to, without question, so I can understand building regs position more fully?

Two reasons .. you've sold the house so you need in the strictest sense to fit one to smooth the sale and not attempt to sell a property with unlawful work. Otherwise you are into a potentially protracted argument with the council and could lose the sale.

But in context of building regulations, you have changed the use of the room and therefore need to conform to the relevant requirements at the time the application was made, which is a fan for utilities. Potentially, you could get someone to do a condensation risk analysis to support the relaxing of the requirement to fit a fan.

 

[frutbunn]

Woody...Building regs suggest its not black and white though because of what was there (unventilated) before? Would be interested to know why you think we have to, without question, so I can understand building regs position more fully?

Thats why I said I would not ask for it, my interpretation is that is not required " it is still a wet room, the ventilation requirements for a utility are less onerous than a kitchen so it is no worse than previous", as BCO any other interpretation would be very difficult to defend.

 

[frutbunn]

But in context of building regulations, you have changed the use of the room and therefore need to conform to the relevant requirements at the time the application was made, which is a fan for utilities. Potentially, you could get someone to do a condensation risk analysis to support the relaxing of the requirement to fit a fan.

You should really stop making comments on B Regs when you really don't understand them, this is categorically NOT a change of use under any legal definition contained in the B Regs.

 

[kazzz]

Thankyou once again. The reason I asked is because the BR officer was standing there umming and arrrring about whether or not it was really needed, and is going away to 'think about it' before giving us a definite answer, which made me want to dig deeper into legal requirements, as he seemed unsure. We will of course have to do what he asks to get legally signed off, but if we can avoid having to core drill through the wall, and add new electrics to the room we'd be very happy, especially as we haven't ever had any problems with the current set up

 

[denso13]

We are keen not to have to as the room is finished and we have sold the the house

As mentioned, you have sold your house and have two obvious options. You fit a cheap fan and move on with your sale or have potentially protracted arguments with the building inspector.

I know what I'd choose.

 

[frutbunn]

Thankyou once again. The reason I asked is because the BR officer was standing there umming and arrrring about whether or not it was really needed, and is going away to 'think about it' before giving us a definite answer, which made me want to dig deeper into legal requirements, as he seemed unsure. We will of course have to do what he asks to get legally signed off, but if we can avoid having to core drill through the wall, and add new electrics to the room we'd be very happy, especially as we haven't ever had any problems with the current set up

Having had a little more time to consider it, I'm still of the opinion that it cannot be insisted upon, however I'm also now of the opinion that there is not even scope for an alternative interpretation.
No change of use has occurred, nor has any additional building work, or new installation of fittings etc being carried out to warrant it.

 

[kazzz]

Thanks for the response...we'll do whatever needed but you can understand why we are asking first...it's also galling as one of the old building inspectors agreed this wasn't needed at the time all the building work was happening though I understand laws change...

 

[frutbunn]

Thanks for the response...we'll do whatever needed but you can understand why we are asking first...it's also galling as one of the old building inspectors agreed this wasn't needed at the time all the building work was happening though I understand laws change...

B Regs do change, but you can only apply the regs applicable at the time the app was submitted.

 

[kazzz]

Frutbunn...thanks for all the thought you are giving this....a new ceiling was put in above the utility room, that BR had to be involved with ...would that affect you opinion?

 

[denso13]

it's also galling as one of the old building inspectors agreed this wasn't needed at the time

Don't trust them, most are failed tradesmen...